United States Fifth Circuit

Defendant's sentence for possession of cocaine with intent to distribute and aiding and abetting the same is vacated where two prior convictions used to enhance the sentence were -related- per the Sentencing Guidelines and should have yielded a smaller enhancement.

Appellate Information

• Decided 11/21/2005
• Published 11/22/2005

Judges

• PATRICK E. HIGGINBOTHAM, Circuit Judge:, Before HIGGINBOTHAM, WIENER, and DENNIS, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Joseph H. Gay, Jr., Asst. U.S. Atty., Margaret M. Embry, San Antonio, TX, for U.S., John Kuchera, Waco, TX, for Dunn.